As the technology of self-driving cars has developed, states have adopted laws to support them. California, Florida, Massachusetts, Nevada, Virginia, and Washington D.C. have already legalized autonomous vehicles.

As self-driving cars become more and more of a reality, a host of legal quandaries will need to be resolved, including the following.

Who will regulate self-driving cars?

Historically, states regulate drivers and the federal government regulates vehicles. But what happens when the vehicle is the driver? The National Highway Traffic Safety Administration has said that issues such as licensing, driver training, and operation of the vehicles are best left to the states. Indeed, states that have legalized the operation of autonomous vehicles have deferred to their motor vehicle departments to address questions of how to regulate such issues. These departments will face questions such as: Will drivers of autonomous cars need extra training or licensing? How will self-driving cars be registered and inspected?

Who will be responsible for accidents?

When self-driving cars hit the road, a new area of personal injury law will arrive. If a self-driving car causes a collision, who will be sued? The driver or the manufacturer? Or both? What will it mean for a driver of a self-driving car to be negligent? And what standards will manufacturers be held to in terms of safe design? For example: What form will the transition from manual to auto-pilot take? Will it be possible to speed?

Self-driving cars will mark a new age in modern transportation. And as the technology reaches the public, changes to laws and legal standards will be in the headlights.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney.
This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary.
The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.